Dillon PLLC

Everyone that’s gone to college knows what a blackout is, and most would say something like “it’s when you wake up and don’t remember what happened last night.” But most people don’t actually know how a blackout affects your?behavior, and that gets especially tricky in a Title IX case. Can you get in trouble for going home with someone who was blacked out? Complainants often think?of course you should get in trouble for that—and you can see why they think that: it’s super scary to wake up next to someone and have no memory of what happened. But whether someone was in a blackout or not isn’t actually what matters in a Title IX investigation where the question is whether the respondent?should have known?the complainant was too drunk to consent. That’s because a blackout only affects your brain’s ability to process memories, not how you are behaving and appearing to other people. So oftentimes respondents have literally no way of knowing someone is in a blackout because she is acting completely normal. And you can’t be found responsible if that’s the case. I talk about this important distinction in this video. Dillon PLLC https://lnkd.in/e3-V9Qwh

Informal resolution is the quickest, least stressful, and cheapest way to avoid a Title IX investigation all together. But it’s not always easy to get. In this video, I explain why. Dillon PLLC https://lnkd.in/e67VFFjy

I’m pleased that Law.com decided to quote me in this article about Dillon PLLC's latest lawsuit against Princeton University, on behalf of an innocent client who was rushed through an unfair process where, among other things, a panelist literally fell asleep during his hearing. (See page 4 of our complaint for the proof....)?

I greatly enjoyed being interviewed for this article (and podcast!) by Travis Kircher of World News Group about the new (and still terrible!) #titleix regulations. They're a Christian organization, and I thought their faith-based approach to the story was really interesting and something you don't see a lot in this area.

April 19, 2024: It was the best of times, it was the worst of times. The best of times: A new Taylor Swift album--and a double album at that! Although I was underwhelmed by Midnights--Dark Taylor is not my favorite Taylor--a new Tay Tay album may be the closest thing we have in our fractured pop culture environment to a unifying musical experience. And Lord knows we could use more unity these days. The worst of times: The Education Department drops the new #titleix regulations and guts due process. No more live hearing requirement. No more cross-examination requirement. And the return of the dreaded "single-investigator" model, in which a school-selected Javert gets to play judge, jury, and executioner--and you never get to confront your accuser. Below is the (incredibly depressing) summary from the Department. And even though no school General Counsel would ever admit it, they will actually hate these changes. Being forced to offer more due process meant that schools had cover to actually be, you know, fair--which meant fewer bad decisions and thus fewer lawsuits. No more. Now, you're going to see all the pro-accuser groups pressure schools to return to the single-investigator model so that accusers aren't put through the "trauma" of... a live hearing in which they are actually asked hard questions. Any school that resists that pressure will be branded "anti-victim" or "anti-survivor." It will be interesting to see how this all shakes out. The one thing I know for sure is that Dillon PLLC will never stop fighting for our clients, no matter how much the field may be tilted against them. We're with you.